Uniform Civil Code: Difference between revisions

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{{Family law|all}}

The '''Uniform Civil Code''' is a proposal in India to formulate and implement [[personal law]]s of citizens which apply equally to all citizens, regardless of their religion. Currently, personal laws of variousminority religious communities are governed by their religious scriptures.<ref name="HTMAR21"/> Personal laws cover marriage, divorce, inheritance, adoption and [[alimony|maintenance]]. While articles 25-28 of the [[Constitution of India|Indian Constitution]] guarantee [[Freedom of religion in India|religious freedom]] to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply [[Directive Principles|directive principles]] and common law uniformly to all Indian citizens when formulating national policies.<ref name="Blueprint for scholarly discourse">{{Cite book|author1=Shimon Shetreet|author2=Hiram E. Chodosh|title=Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse|url=https://books.google.com/books?id=y-pIDwAAQBAJ&pg=PT4|publisher=Oxford University Press|isbn=978-0-19-807712-1|date=December 2014|access-date=2020-08-22}}</ref><ref>{{CitePage webneeded|titledate=ArticleJuly 44 in the Constitution of India 1949|url=https://indiankanoon.org/doc/1406604/ |website=Indian Kanoon |access-date=2020-08-222025}}</ref>

Personal laws were first framed during the [[British Raj]], mainly for Hindu and Muslim subjects. The British feared opposition from community leaders and refrained from further interfering within this [[Separate spheres|domestic sphere]].{{Citation needed|date=July 2025}} The Indian state of [[Goa]] was separated from [[British Raj|British India]] during the colonial rule in the erstwhile [[Portuguese Goa and Damaon|Portuguese Goa and Daman]], retained a common family law known as the [[Goa civil code]] and thus was the only state in India with a uniform civil code prior to 2024. Following India's independence, [[Hindu code bills]] were introduced which largely codified and reformed personal laws in various sects among [[Indian religions]] like [[Buddhism|Buddhists]], [[Hindus]], [[Jains]] and [[Sikhs]] but they exempted [[Christians]], [[Jews]], [[Muslims]] and [[Parsis]].<ref name="Rina Wiiliams">{{Cite book|author=Rina Verma Williams|title=Postcolonial Politics and Personal Laws|pages=18, 28, 106, 107, 119|publisher=[[Oxford University Press]]|isbn=0-19-568014-6|date=2006}}</ref><ref name="The Wire UCC gender justice">{{cite news |last1=Dasgupta |first1=Sravasti |title=BJP Equates UCC With Gender Justice. But Can It End Discrimination In-Built in Personal Laws? |url=https://thewire.in/women/bjp-ucc-with-gender-justice-discrimination-personal-laws |access-date=6 July 2023 |work=[[The Wire (India)|The Wire]] |date=6 July 2023 |___location=New Delhi |language=en}}</ref>

UCC emerged as a crucial topic of interest in Indian politics following the [[Shah Bano case]] in 1985. The debate arose on the question of making certain laws applicable to all citizens without abridging the fundamental right to practice religious functions. The debate then focused on the [[Muslim personal law]], which is partially based on [[Sharia|Sharia law]], permitting [[Divorce in Islam|unilateral divorce]], [[polygamy]] and putting it among the [[Muslim personal law in India|legally applying the Sharia law]]. A UCC bill was proposed twice, in November 2019 and March 2020 but was withdrawn both the times without introduction in the parliament. The bill is reported to be under discussion between the [[BJP]] and the [[Rashtriya Swayamsevak Sangh]] (RSS).<ref name="Ramchandran"/> Many opposition parties and BJP's allies from the [[National Democratic Alliance]] (NDA) have opposed the Uniform Civil Code, especially from [[Northeast India]], claiming that it will go against the "idea of India" and will end special privileges of tribal communities after renewed calls by Prime Minister [[Narendra Modi]] in June 2023 about implementing a UCC.<ref name="scroll.in NDA partners oppose UCC">{{cite news |last1=Dasgupta |first1=Sravasti |title=NDA Partners from Northeast Oppose BJP's Push for Uniform Civil Code |url=https://thewire.in/politics/nda-partners-in-northeast-oppose-bjps-push-for-uniform-civil-code |access-date=6 July 2023 |work=[[The Wire (India)|The Wire]] |date=3 July 2023}}</ref><ref>{{cite news |last1=Staff |first1=The Wire |title=In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement' |url=https://thewire.in/politics/in-poll-bound-madhya-pradesh-pm-modi-rakes-up-triple-talaq-ucc-and-appeasement |access-date=16 July 2023 |work=[[The Wire (India)|The Wire]] |date=27 June 2023 |archive-url=https://web.archive.org/web/20230715222251/https://thewire.in/politics/in-poll-bound-madhya-pradesh-pm-modi-rakes-up-triple-talaq-ucc-and-appeasement |archive-date=15 July 2023 |___location=New Delhi |language=en}}</ref><ref>{{cite news |last1=Staff |first1=The Wire |title=In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement' |url=https://thewire.in/politics/in-poll-bound-madhya-pradesh-pm-modi-rakes-up-triple-talaq-ucc-and-appeasement |access-date=16 July 2023 |work=[[The Wire (India)|The Wire]] |date=27 June 2023}}</ref>

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==== Legislative reforms ====

Certain Hindu customs prevalent at the time discriminated against women by depriving them of inheritance, remarriage and divorce. Their condition, especially that of [[Widow remarriage|Hindu widows]] and daughters, was poor due to this and other prevalent customs.{{sfn|Chavan|Kidwai|2006|p=87–88}}{{sfn|Chavan|Kidwai|2006|p=94–100}} The British and social reformers like [[Ishwar Chandra Vidyasagar]] were instrumental in outlawing such customs by getting reforms passed through [[legislature|legislative processes]].{{sfn|Chavan|Kidwai|2006|p=83–86}} TheSince the British feared opposition from orthodox community leaders, only the Indian Succession Act 1865, which was also one of the first laws to ensure women's economic security, attempted to shift the personal laws to the realm of [[Civil law (common law)|civil]]. The Indian Marriage Act 1864 had procedures and reforms solely for Christian marriages.{{sfn|Samaddar|2005|p=50–51}}

There were law reforms passed which were beneficial to women like the [[Hindu Widows' Remarriage Act, 1856|Hindu Widow Remarriage Act of 1856]], Married Women's Property Act of 1923 and the [[The Hindu Inheritance (Removal of Disabilities) Act, 1928|Hindu Inheritance (Removal of Disabilities) Act, 1928]], which in a significant move, permitted a Hindu woman's right to property.{{sfn|Chavan|Kidwai|2006|p=87–88}}

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== Legal status and prospects ==

UCC had been included in BJP's manifesto for the [[1998 Indian general election|1998]] and [[2019 Indian general elections|2019 elections]], and was even proposed for introduction in the Parliament for the first time in November 2019 by [[Narayan Lal Panchariya]]. Amid protests by other MPs, the bill was soon withdrawn for making certain amendments.<ref>{{Cite news|last=Chari|first=Seshadri|title=Modi govt has been working for a Uniform Civil Code and we didn't even notice. Until now|url=https://theprint.in/opinion/modi-govt-has-been-working-for-a-uniform-civil-code-and-we-didnt-even-notice-until-now/278053/|publisher=The Print|date=2019-08-16|access-date=2020-08-22}}</ref><ref name="AM Jigeesh">{{Cite news|author=Jigeesh|first=AM|date=2019-12-06|title=After objections, BJP member withdraws Bill for UCC|publisher=The Hindu Business Line|url=https://www.thehindubusinessline.com/news/national/after-objections-bjp-member-withdraws-bill-for-ucc/article30217193.ece|access-date=2020-08-22}}</ref> The bill was brought for a second time by [[Kirodi Lal Meena]] in March 2020, but was not introduced again.<ref>{{Cite news|author=Joy|first=Shemin|date=2020-03-13|title=BJP MP once again does not introduce Uniform Civil Code Bill|publisher=Deccan Herald|___location=New Delhi|url=https://www.deccanherald.com/national/north-and-central/bjp-mp-once-again-does-not-introduce-uniform-civil-code-bill-813445.html|access-date=2020-09-14}}</ref> As per reports which emerged in 2020, the bill's specifics are being contemplated by the BJP due to its topical differences with the RSS.<ref name="Ramchandran">{{Cite news|author=Ramchandran|first=Smriti Kak|date=2020-08-06|title=BJP, RSS hope for consensus on Uniform Civil Code|newspaper=The Hindu|url=https://m.hindustantimes.com/india-news/bjp-rss-hope-for-consensus-on-ucc/story-ASFagZCCQPEIfQT59HMgkK.html|access-date=2020-08-22}}{{Dead link|date=July 2025 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref>{{Cite news|last=Sharma|first=Vibha|title=UCC next on Modi govt agenda?|url=https://m.tribuneindia.com/news/nation/ucc-next-on-modi-govt-agenda-123130|newspaper=The Tribune|date=2020-08-06|access-date=2020-08-22|archive-date=1 July 2023|archive-url=https://web.archive.org/web/20230701075743/https://m.tribuneindia.com/news/nation/ucc-next-on-modi-govt-agenda-123130|url-status=dead}}</ref>

A plea was filed in the [[Delhi High Court]] which sought establishment of a judicial commission or a high level expert committee to direct the central government to prepare a draft of UCC in three months. In April 2021, a request was filed to transfer the plea to the Supreme Court so that filing of more such pleas throughout various high courts doesn't bring inconsistency throughout India. The draft would further be published on the website for 60 days to facilitate extensive public debate and feedback.<ref name="LiveLawAPR21">{{Cite news|last=Ojha|first=Drishti|date=2021-04-11|title=Plea In Supreme Court Seeks Transfer Of Plea For Uniform Civil Code From Delhi High Court To SC|url=https://www.livelaw.in/top-stories/supreme-court-uniform-civil-code-delhi-high-court-transfer-of-case-ucc-172432|newspaper=LiveLaw|access-date=2021-04-21}}</ref>